02-20-2024 Charter Review MinutesMINUTES
CHARTER REVIEW MEETING
February 20, 2024
A Charter Review Meeting was held by the Schertz Charter Review Commission of the City of
Schertz, Texas, on February 20, 2024, at 4:30 p.m. in the Hal Baldwin Municipal Complex Civic
Center Bluebonnet Rooms, 1400 Schertz Parkway, Building #5, Schertz, Texas. The following
members present to -wit:
Present: Chair Dana Eldridge; Vice -Chair Richard Dziewit; Commissioner Roger Booker;
Commissioner Danielle Craig; Commissioner Chris Evans; Commissioner Marcus
Forge; Commissioner Benjamin Guerrero; Commissioner Michele Tereletsky;
Commisisoner Paul Wiley; Commissioner David Bennett
Absent: Commissioner Demetric Herron
Staff City Manager Steve Williams; City Attorney Daniel Santee; City Secretary Sheila
present: Edmondson; Guest Mayor Ralph Gutierrez; Guest Councilmember Mark Davis
Call to Order
Chair Dana Eldridge called the meeting to order at 4:30 p.m.
Hearing of Residents
This time is set aside for any person who wishes to address the Charter Review
Commission. Each person should fill out the speaker's register prior to the meeting.
Presentations should be limited to no more than 3 minutes.
All remarks shall be addressed to the Charter Review Commission as a body, and not to
any individual member thereof. Any person making personal, impertinent, or slanderous
remarks while addressing the Charter Review Commission may be requested to leave the
meeting.
Discussion by the Charter Review Commission of any item not on the agenda shall be
limited to statements of specific factual information given in response to any inquiry, a
recitation of existing policy in response to an inquiry, and/or a proposal to place the item on
a future agenda. The presiding officer, during the Hearing of Residents portion of the
agenda, will call on those persons who have signed up to speak in the order they have
registered.
No one signed up to speak.
Discussion and Action Items
1. Minutes: Approval of the minutes from January 16, 2024, and February 6,
2024,Charter Review meetings. (S.Edmondson)
Chair Dana Eldridge asked for a motion to approve the minutes from the January 16,
2024, and February 6, 2024, Charter Review meetings.
Vice Chair Richard Dziewit made a motion to approve the minutes from the January
16, 2024, and February 6, 2024, Charter Review meetings. Commissioner Chris
Evans seconded the motion. All in favor, 10 ayes, 0 opposed. Motion passed.
2. 2.A. Review and possible action on amendments to Charter Article I
City Attorney Dan Santee explained the strike -out changes in Article 1, Section 1.01
(b) Extension of Boundaries: Annexation of Territory. "territory 44ffg ddaELTLt te
in
accordance with -State law, thereby extending and enlarging the bounds and limits of
the City.
Section 1.01 (c) ii " of real property within JW 1, 000 feet of the area to be
disannexed. "
Section 1.01 (c) iii had some grammatical corrections
City Manager Steve Williams went over the 2 maps that show the examples of 2
properties and the impact with a 200 ft, 500 ft and 1000 ft notification range.
Example 1 shows the mapping of a piece of property in a residential area that shows
the notification with 200 ft marker-65 properties, 500 ft-184 properties and 1000
ft-503 properties. Example 2 shows a property on the edge of the city where the
notification requirement are less: 200 ft-26 properties, 500 ft-64 properties and 1000
ft-129 properties.
Chair Dana Eldridge asked for a motion. Commissioner Danielle Craig made a
motion to accept the updates in Article 1. Commissioner Paul Wiley seconded the
motion. All in favor, 10 ayes, 0 opposed. Motion passed.
2.13. Review and possible action on amendments to Charter Article II.
City Attorney Dan Santee asked the Charter Review Commission to acknowledge
that there were no proposed amendments to Article Il.
Commissioner Chris Evans made a motion that there were no proposed amendments
to Article 11. Vice -Chair Richard Dziewit seconded the motion. All in favor, 10 ayes,
0 opposed. Motion passed
2.C. Review and possible action on amendments to Charter Article III.
There were no changes made to Article III. Commissioner Michele Tereletsky made
2
a motion to approve that there were no proposed amendments to Article III.
Commissioner David Bennett seconded the motion. All in favor, 10 ayes, 0 opposed.
Motion passed
2.13. Review and possible action on amendments to Charter Article IV.
City Attorney Dan Santee asked the Charter Review Commission to look at
everything except single -member districts.
There will be a separate discussion on single -member districts.
Section 4.02 Qualifications:
The Charter Review Commission discussed at what age a candidate must have
attained by the first day of the term of office applied. There were concerns that an
18-year-old might not have the presence or experience to succeed in office.
Commissioner Marcus Forte added that an 18-year-old could serve, but could they
lead? Commissioner Paul Wiley asked about the definition of residency. City
Attorney Dan Santee stated that the question of residency is fluid. College students
could be away at college, but could run for office in their home city/state.
Chair Dana Eldridge asked for a motion about the age of a candidate. Commissioner
Michele Tereletsky made a motion to leave the age of 18 that a candidate must have
attained by the first day of the term of office applied. Commissioner Chris Evans
seconded the motion. All in favor, 8 ayes, 2 opposed. The City Attorney stated that
this is an intervening vote, we are not voting on the whole Article. IV.
Section 4.06-Vacancies, Forfeiture, Filling of Vacancies
Chair Dana Eldridge had questions about Section 4.06 (b)(3) and three (3) regular
meetings absences. Mayor Gutierrez added that currently the City Council does not
approve or disapprove absences from City Council. It has never been on the agenda.
City Attorney Dan Santee recommended that the Council should approve or
disapprove of the absences. If the absence was excused and accepted by the Council,
it would be considered an excused absence. The City of Schertz has not had an issue
with Councilmembers being absent without an excuse.
Section 4.07 Prohibitions
Commissioner Marcus Forte asked about (a) Holding other Office and the Mayor or
Councilmember. There were questions that this section was about a
Mayor/Councilmember and being hired by the city after leaving office. The
other view was the Mayor/Councilmember holding another office while serving on
City Council. City Attorney Dan Santee stated he would bring back language to
address this section.
(b) Appointments and Removals
City Attorney Dan Sante explained that the City Council nor any of its members
shall in any manner dictate the appointment or removal of any City administrative
officer or employee whom the City Manager or any of his or her subordinates are
empowered to appoint, unless otherwise provided in this Charter.
3
(c) Interference with Administration
If there is a problem, it is best to contact the City Manager and not handle
themselves. City Manager Steve Williams explained that the process in the City of
Schertz is the Mayor/Councilmember reach out to City Manager Steve Williams to
address any problem. The direction to city staff comes from the City Manager. The
City Manager will keep the City Council informed, so everyone can participate in the
governance of the city.
(d) Admission of Liability
City Attorney Dan Santee explained that the City Council or any of its members
shall not accept or admit liability. If a situation arises, the City should not admit
liability or pay for any claims without first obtaining a written opinion from the City
Attorney regarding the City's liability.
(e) Conflicts of Interest
City Attorney Dan Santee stated that Conflicts of Interested are governed by Texas
Local Government Code, Chapter 171 and 176.
(f) Attorney Client Privilege
This section discusses the waiver of attorney -client privilege.
Section 4.08 Powers of the City Council
No changes noted.
Section 4.09 Meetings and Procedures
No changes noted.
(a) Date, Time, Place and Notice.
No changes noted.
(b) Open Meetings
No changes noted.
(c) Quroum
No changes noted
(c) Quroum
No changes noted.
(d) Rules and Procedures
Chair Dana Eldridge had question about taking minutes, public record, open to the
public and closed meetings. Attorney Dan Santee explained the difference as well as
the reasons for a closed meeting.
(e) Passage of Ordinances and Resolutions
City Manager Steve Williams would like the Charter Review Commission to look
into having two readings to pass an ordinance. Chair Dana Eldridge asked for a
motion to have the City Attorney bring back the wording on how one reading for an
n
ordinance would be. Ms. Michelle Tereletsky made the motion. Richard Dziewit
seconded the motion. All in favor, 10 ayes, 0 opposed. Motion passed.
3. Next Charter Review Meeting: March 5, 2024.
Adjournment
Chair Dana Eldridge adjourned the meeting at 5:53 p.m.
ATTVS
Sheila Edmonds n, City Secretary
Dana Eldridge, air